CRIMES (SENTENCING) ACT 2005 - SECT 34 Sentencing—irrelevant considerations

CRIMES (SENTENCING) ACT 2005 - SECT 34

    (1)     In deciding how an offender should be sentenced (if at all) for an offence, a court must not increase the severity of the sentence it would otherwise have imposed because of any of the following:

        (a)     a law that has not commenced;

        (b)     any alleged offences that the offender has not admitted in accordance with section 57 (Outstanding additional offences taken into account in sentencing);

        (c)     that the offender chose not to give evidence on oath;

        (d)     that the offender may have committed perjury or been guilty of contempt of court during the proceeding;

        (e)     the offender's behaviour in court;

        (f)     that the offender chose to plead not guilty;

        (g)     that the offender did not comply with an order for assessment, treatment, referral or monitoring by the court alcohol and drug assessment service under section 40B (2);

        (h)     that the offender chose not to take part, or chose not to continue to take part, in restorative justice for the offence under the Crimes (Restorative Justice) Act 2004

.

    (2)     In deciding how an offender should be sentenced for an offence, a court must not reduce the severity of a sentence it would otherwise have imposed because of an automatic forfeiture of property, a forfeiture order, or a penalty order under the Confiscation of Criminal Assets Act 2003

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